1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. B leased No. 111 to 113 (hereinafter “instant store”) among the member-gu Seoul Building in Ansan-si (hereinafter “instant building”) and operated a restaurant.

B around February 2012, between the Plaintiff and the Plaintiff, concluded a non-life insurance contract on the whole of house fixtures, facility interior, etc. within the instant store.

B. On May 4, 2012, the Defendant acquired the ownership of the instant store, and concluded a new lease agreement with the instant store on June 4, 2013.

C. On May 19, 2014, around 05:10, a cause fire (hereinafter “instant fire”) occurred on the fifth floor of the instant building, and the signboard of the instant store (hereinafter “D”) was teared, such as glass during the process of extinguishing fire, and damage was incurred to B, such as tearing.

On June 24, 2014, the Plaintiff paid KRW 6,870,153 as insurance money for the damage of the instant fire to B according to the insurance contract.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The plaintiff's assertion

A. The Defendant is the owner of the instant store, and the lessor is obligated to maintain the instant store in a state suitable for the lessee’s use and profit-making. In the event a fire occurs to the specific part of the instant building, the lessee is also obligated to cooperate in extinguishing the fire so that the lessee does not suffer damage from fire.

However, as the defendant neglected the above duty, as the lessee B of the store of this case suffered property damage due to the fire of this case, the defendant is liable for compensating for damage to B.

B. However, since the Plaintiff acquired the right to claim damages against the Defendant by subrogation by paying insurance money equivalent to the amount of damages to B, the Defendant is obligated to pay the Plaintiff the amount of damages equivalent to the insurance money.

3. Determination

A. The Plaintiff’s assertion itself is based on the instant fire.